Kalispell, MontanaKalispell Pedestrian Accident
Kalispell Pedestrian Accident Lawyers: People Hit by Cars on Main Street, US-2 and in Glacier
Boland Aarab PLLP.
If a driver hit you while you were walking in Kalispell, Montana law required that driver to yield in crosswalks and to use due care everywhere else. Most claims must be filed within three years, and cases are heard in the Eleventh Judicial District Court in Kalispell. After a hit-and-run, your own uninsured motorist coverage may pay.
Hit by a car while walking in Kalispell, Whitefish or Evergreen? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where are pedestrians at risk in the Flathead Valley?
- Downtown Kalispell. The bypass took much of the through-truck traffic off Main Street, and the city has worked to make downtown more walkable. Main Street is still US-93, though, and Idaho Street is still US-2. Where the two highways meet downtown, pedestrians cross wide lanes while drivers turn right on red and look left for a gap.
- US-2 through Evergreen. East of downtown, US-2 is a commercial strip with parking lots, driveways, bus stops and long gaps between signalized crossings. People walk it to reach stores and jobs, often in the dark in winter.
- North Kalispell and the bypass. Retail areas along US-93 north of town and near the bypass are designed around cars. Pedestrians crossing parking lots and multi-lane approaches are hard for drivers to see.
- Whitefish. Downtown Whitefish, the Amtrak depot and the roads toward Whitefish Mountain Resort mix residents, visitors with luggage and ski traffic. In winter that means snowbanks that narrow sidewalks and hide people stepping into the street.
- Glacier National Park. At Apgar, Lake McDonald, Avalanche Creek and Logan Pass, visitors walk along and across Going-to-the-Sun Road between parking areas and trailheads. Drivers there are distracted by scenery and looking for a parking space.
Short winter days make all of this worse. By late afternoon in December it is dark in Kalispell, and a driver who doesn’t slow down for snow, glare or wet pavement has less time to see someone in a crosswalk.
What happens after a pedestrian accident in Kalispell?
The driver has legal duties at the scene. A driver who strikes a pedestrian must stop, give their name and insurance information, and render reasonable assistance (§§ 61-7-103, 61-7-105, MCA). If the driver left, tell the officer everything you remember about the vehicle, and ask nearby businesses to preserve their security video. Many overwrite it within days.
Reports and investigation.
- Most pedestrian crashes in town are handled by the Kalispell Police Department or the Whitefish Police Department.
- Crashes in Evergreen and other unincorporated areas are usually handled by the Flathead County Sheriff’s Office or the Montana Highway Patrol.
- In the park, rangers respond.
Seriously injured pedestrians are usually taken to Logan Health Medical Center in Kalispell.
Court. If the claim does not resolve with the insurers, the case is filed in the Eleventh Judicial District Court, which serves Flathead County, at the Flathead County Justice Center, 920 South Main Street, Kalispell. A case against an out-of-state driver may be removed to federal court in the Missoula Division. Where a crosswalk design, missing lighting or a snow-covered sidewalk contributed, a claim against the City of Kalispell, Flathead County or the State requires written notice first (§ 2-9-301, MCA).
Montana law that applies
The short version; see our Montana pedestrian accident lawyer page for more.
- Crosswalks: where there is no working signal, drivers must yield to a pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection (§ 61-8-502, MCA).
- Due care everywhere: even outside a crosswalk, drivers must exercise due care to avoid hitting a pedestrian (§ 61-8-504, MCA).
- Shared fault: a pedestrian who was partly at fault can still recover if their share is not greater than the driver’s (§ 27-1-702, MCA).
- UM coverage: your own uninsured motorist coverage can apply after a hit-and-run (§ 33-23-201, MCA).
- Deadline: 3 years for most claims (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Kalispell case?
We are based in Great Falls and handle pedestrian cases across Montana. Our attorneys travel to Kalispell and Missoula for depositions, hearings, scene visits and trial. In a pedestrian case, timing is critical: lighting at the hour of the crash, the signal timing and the view from the driver’s seat all need documenting. We do that in person.
The Boland Aarab Way
- We go to trial when it is needed. Our attorneys have spent more than 4,000 hours in the courtroom.
- We hold public entities accountable. We won a $115,000 net jury verdict for municipal negligence in Jack v. City of White Sulphur Springs.
- We protect what juries award. We had a $168,500 verdict reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- You work directly with your lawyers.
We also handle car accident cases in Kalispell and wrongful death cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was hit crossing Main Street in downtown Kalispell. Does the driver automatically pay? Not automatically, but drivers must yield in crosswalks where there is no working signal and use due care everywhere. The facts at the crossing, including the signals, the lighting and the driver’s speed, decide fault.
I was hit walking along US-2 in Evergreen with no sidewalk. Can I still recover? Yes, if the driver failed to use due care and your own share of fault was not greater than the driver’s. Any recovery is reduced by your share.
A tourist hit me at a Glacier Park pullout. Who pays? Usually the driver’s insurer. If the driver was visiting from out of state, the case may end up in federal court in Missoula. If a federal vehicle was involved, a written federal claim is required within 2 years.
The driver drove off. What coverage do I have? Your own auto policy’s uninsured motorist coverage may pay, even though you were walking. Report the crash to police right away.
Where would my Kalispell pedestrian case be heard? In the Eleventh Judicial District Court at the Flathead County Justice Center, unless it is removed to federal court in Missoula.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
